Will of Jacob P. Garlach
Wayne County, NY
This will is one of a group of documents transcribed and contributed by researcher Ron Reid. Ron has contributed many transcriptions of original documents to our site about Wayne County Kenyons and Garlocks who migrated west from Herkimer County NY in the 1830s. Jacob P. Garlach's will has been slightly reformatted for ease in online reading.
THE LAST WILL AND TESTAMENT OF JACOB P. GARLACH
I, Jacob P. Garlach, aged sixty-two years and upwards, do hereby make, publish and declare this my last Will and Testament as follows:
FIRST: - I direct the expenses of my last sickness and of my funeral shall be paid in preference to any devise of legacy herein contained.
SECOND: - I give and devise to my wife, Maria, the one-third of my farm on which I now reside (except that part hereinafter devised to my daughters Eliza and Juliet and excepting that devised to Friend Kenyon) to be used and disposed by her according to her judgment and will provided that no part of said property shall be given or devised by her to any person or persons but my sons Soloman and my daughter Catherine, or in case of their death before the death of my wife, to my two sons Alfred and Abraham said one-third of the above mentioned farm being about thirty-nine acres and is a piece on the South side of the same of equal width north and south extending the whole length of the farm. Also I give to my said wife Maria all my personal property that shall remain after paying my debts except what is hereinafter bequeathed to be used and disposed of by her as above mentioned provided that no land contract shall be herein construed to mean personal property.
THIRD: - I give and devise to my two sons Alfred and Abraham the remaining two-thirds of the aforesaid farm, it being on the north side of the same and about 78 acres of land and is to exclude that that is hereinafter devised to Eliza and Juliet and Friend Kenyon to be equally devised between them. I give and release to my two sons Richard and Jacob all debts, accounts or demands that I may have against them or either at the date hereof and they are hereby exonerated from paying any of the said debts or demands.
FOURTH: - I devise unto Friend Kenyon the husband of my daughter Anna, the premises that he now occupies and resides on bounded north by a private road of Richard Garlach, south by land of James W. Curtis, east by land of same Richard Garlach and west by the highway and land of Chapin D. Young, containing about one acre on condition that said Friend shall pay or cause to be paid my said wife Maria seventy-five dollars.
FIFTH: - I devise to my two daughters Eliza and Juliet, land bounded as follows: beginning at the S.W. corner of a piece of land owned by Waterman Hawks, thence east on his line to his S.E. corner: thence southerly on a line as the fence now runs to within 3 rods of Joseph Caldwell's line: thence westerly on the north line of a private road to the public highway: thence northerly in the center of the same to the place of beginning containing 7 1/2 acres of land be the same more or less to be equally divided between them. Also I give and bequeath unto said Eliza and Juliet $150 each worth of personal property.
SIXTH: - I give and bequeath unto my grandson George Duel thirty dollars to be paid when he is 21 years of age in case that he should live and if not the legacy is void.
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